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Miami Horizon Group, LLC v. Nova Casualty Co.

District Court of Appeal of Florida, Third District.
Mar 12, 2014
134 So. 3d 550 (Fla. Dist. Ct. App. 2014)

Opinion

No. 3D13–804.

2014-03-12

MIAMI HORIZON GROUP, LLC, Appellant, v. NOVA CASUALTY COMPANY, Appellee.

An Appeal from the Circuit Court for Miami–Dade County, Jacqueline Hogan Scola, Judge. David J. Schottenfeld, P.A., and David J. Schottenfeld (Plantation), for appellant. DeMahy, Labrador, Drake, Victor & Cabeza, and Gregory A. Victor and Mark R. Boyd (Fort Lauderdale), for appellee.


An Appeal from the Circuit Court for Miami–Dade County, Jacqueline Hogan Scola, Judge.
David J. Schottenfeld, P.A., and David J. Schottenfeld (Plantation), for appellant. DeMahy, Labrador, Drake, Victor & Cabeza, and Gregory A. Victor and Mark R. Boyd (Fort Lauderdale), for appellee.
Before SUAREZ, LAGOA, and LOGUE, JJ.

PER CURIAM.

We affirm on the basis that the insured failed to present substantial, competent evidence establishing that the portion of the claim not paid by the insurance company was caused by the incident giving rise to the claim. See generally U.S. Liab. Ins. Co. v. Bove, 347 So.2d 678, 680 (Fla. 3d DCA 1977) (“A person seeking to recover on an insurance policy has the burden of proving a loss from causes within the terms of the policy.”); Fla. Home Ins. Co. v. Braverman, 163 So.2d 512, 513 (Fla. 3d DCA 1964) (holding that insureds have “the burden of establishing by competent evidence the amount of damage they have sustained”). Because we affirm on this basis, we do not reach the other issues raised on appeal.

Affirmed.


Summaries of

Miami Horizon Group, LLC v. Nova Casualty Co.

District Court of Appeal of Florida, Third District.
Mar 12, 2014
134 So. 3d 550 (Fla. Dist. Ct. App. 2014)
Case details for

Miami Horizon Group, LLC v. Nova Casualty Co.

Case Details

Full title:MIAMI HORIZON GROUP, LLC, Appellant, v. NOVA CASUALTY COMPANY, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Mar 12, 2014

Citations

134 So. 3d 550 (Fla. Dist. Ct. App. 2014)